Inspectors, Medics, Educators. Who Can Be Held Accountable for Torture Under the New Bill?

Владислав Вислоцкий Society
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At the meeting of the Jogorku Kenesh on January 15, a draft law was reviewed, aimed at aligning the Criminal Code of Kyrgyzstan with the UN Convention Against Torture. This document stipulates that the responsibility for the use of torture will be placed not only on officials but also on other representatives in official status, such as employees of educational, medical, and social institutions who have the authority to oversee people in vulnerable situations. This pertains to both physical and psychological violence used to obtain confessions, punishments, or intimidation.

Gulya Kozhokulova, a deputy, expressed the opinion that the draft law needs revision due to a lack of clarity in the wording. She noted that it is unclear who exactly falls under the proposed norms.

“The wording in the draft law is unclear and legally problematic. For example, the phrase ‘in an official capacity’ requires clarification. You mention individuals with oversight and control authority, but such individuals are already officials. It is necessary to clearly define who exactly is the subject of this crime,” Kozhokulova stated.

Nurlan Elgondiev, a representative of the GKNB, explained that the phrase “individuals acting in an official capacity” was taken from the text of the UN Convention, which is why it was used in the draft law. The notes to the document clarify the circle of individuals to whom this article will apply; however, listing specific positions is not permissible from a legal technical standpoint.

Gulsharkan Kultaeva asked which specific individuals could be classified as “acting in an official capacity.” Elgondiev replied that they include inspectors, supervisory staff, educators, and medical workers of institutions.

As a result of the discussions, the draft law was adopted in the second reading.
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